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COVER STORY:
Nursing Home Abuse
December 15, 2000    Episode no. 416
Read This Week's November 7, 2008
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BOB ABERNETHY (anchor): Now, a look at the ethical tangle surrounding the nursing home industry in Florida.

A recent U.S. government study showed that [a] low caregiver to patient ratio [in nursing homes] leads to inadequate care Attendant with elderly woman. across the country. With its aging population, Florida is considered by many to be the face of the future. It's a grim face. Insufficient attention to patients and worse is leading to multimillion dollar lawsuits against nursing homes ... causing skyrocketing liability insurance ... and threats of closure from the operators. Lucky Severson looks at a situation that critics say is heading for a crisis.

LUCKY SEVERSON: The lines of time are etched in their weathered faces. These are Florida nursing home patients. Their average age is 85, and three out of four are women.

For many, this will be their last home.

There are about 700 nursing homes in Florida. The owners of many, if not most, say they are in serious financial trouble and may be forced to close. They say Medicare payments are too low to cover costs and make a profit. And, because of so many lawsuits, their liability insurance rates are going through the roof. True or not -- strong assertions. Usually, they point the finger at one man in particular, a very successful lawyer named Jim Wilkes, who says that most nursing homes should be closed.

Attorney Jim Wilkes.JIM WILKES: Right now, we take these people and we put them in conditions that are similar to a nice prison in a "good" nursing home.

SEVERSON: Jim Wilkes is not prone to understatement, but he has made a living, actually, he's made a fortune, taking Florida nursing homes to court and winning.

WILKES: We have proven over and over and over and over again conditions that are criminal. And I've got a thousand cases pending like that right now.

SEVERSON: He has won so many cases, his firm now has 40 lawyers working in six states. Wilkes travels from state to state aboard his private jet. He is a tireless self-promoter, who peppers the airwaves with 30 second commercials.

His critics have called him an ambulance chaser and a "legal extortionist." But his fans are numerous. They include Nelson and Geri Mongiovi, who say he is a crusader who got personally involved.

GERI MONGIOVI: His grandmother was in a nursing home, and he found her, I believe the story is, nude under the bed. And that's when he decided that he was going to fight for nursing homes and care.

SEVERSON: The Mongiovis asked Wilkes to take the nursing home to court, where Nelson's mother and 53 other patients were being evicted. The Mongiovis were convinced the eviction was designed to let the nursing home bring in better paying customers. Wilkes took the case and won.

NELSON MONGIOVI: When you have someone that doesn't need to do something, but does it because he believes in it, those are the people you've got to stick with.

SEVERSON: Wilkes says he has invested over a million dollars of his own money into a coalition he formed to educate and organize senior citizens.

In one recent case, Wilkes' firm won a record 20 million dollars. It's one reason so many operators are threatening to close shop, and it's why the Florida legislature established an emergency task force to find a solution. Legislator Nancy Argenziano on Jim Wilkes.

Nancy Argenziano.NANCY ARGENZIANO (Florida State Legislator): I think he's a very strong advocate for what he believes in. I would like to, I think, talk to him again and say that, "look, we really have a crisis here."

SEVERSON: There is a downside to the legal assault on the Florida nursing home industry. Liability insurance rates are skyrocketing, up 400% in the past two years, on average. Some homes much higher, and 24 insurers have packed their bags and left the state.

According to the Florida Department of Insurance, only 17 companies remain. Some of those leaving say it's because of unacceptable financial results and too much litigation.

RON BUSH (Lawyer): The premiums per bed in the state of Florida are astronomical. They're off the charts right now. Compared to all other states? Compared to many other states, the companies that write insurance for long-term care facilities have been, what I would term, fleeing the state.

SEVERSON: Ron Bush's law firm represents several homes in Florida, some that are pulling out or reorganizing under bankruptcy laws.

R. BUSH: I'm firmly convinced that if we continue down that path that we are taking today, that we won't have a long-term care industry, as we presently know it, to take care of the elderly population.

SEVERSON: Most nursing homes are in the business of caring to make a profit. Nationwide, it's an 87 billion dollar industry.

Ron Bush.R. BUSH: When you're dealing with the long-term care industry, "profit" becomes a dirty word. But this is America. I mean we're a capitalistic society.

SEVERSON: But even the nonprofit homes, like those operated by the Retirement Housing Foundation, are in trouble. Chief executive officer Joseph Laverne.

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JOSEPH LAVERNE: I would describe the situation among skilled nursing providers, and it's also spilling over to assisted living providers, the situation in Florida, as being under siege. The costs are out of control.

SEVERSON: Unlike most states, Florida law makes it easier to sue nursing homes than other health care facilities. There's no limit on punitive damages, and lawyers can claim legal expenses on top of their cut of the damage award. The nursing home industry wants to make it harder to sue -- limit the awards and to disallow legal expenses.

R. BUSH: I think you ought to treat the long-term care industry just like you do hospitals, and just like you do doctors.

WILKES: We have found that the same jury that doesn't believe in jury verdicts, that thinks that verdicts are too high, those same people, when faced with our nursing home cases are so horrified, they say, "these are the types of cases that civil justice was meant for."

SEVERSON: In October, the state of Florida threatened to close six nursing homes, which have repeatedly failed to meet minimum standards.

Abused woman.This is some of the visually disturbing evidence Wilkes and fellow lawyers have presented to juries about nursing home abuse. They are backed up by a damning federal report this summer, which concluded "that most nursing homes are understaffed to the point that patients may be endangered."

G. MONGIOVI: There's not enough staff. Not that the staff doesn't care. Some of the staff is wonderful, but when you have so many people to take care of.

WILKES: At five bucks an hour, they [are] going to have a hard time getting or keeping good people. They're overworked horribly. They're entrusted with duties for which they're not trained or supplied, and they're grossly underpaid.

SEVERSON: The nursing home industry argues that nursing home patients today are older and sicker than ever before, and, that often, what appears to be neglect is simply the aging process.

R. BUSH: We hold the long-term care industry to an awfully high standard when you look at what happens in those facilities, and say grandma should not have fallen, or grandpa should not have developed [a] skin breakdown.

LAVERNE: What has to be done with the state legislatures is to be sure that, that poor quality of care is indeed negligence, and not the normal aging process.

Nursing home cafeteria.R. BUSH: I think the long-term care industry is like any other industry. You have some very good facilities. You probably have some very bad facilities. And you have a whole host of facilities that fall in the middle.

SEVERSON: But why are the good facilities charged the same high insurance rates as those with poor records. Why no risk assessment?

LAVERNE: Because insurance companies are attempting to make up for, for losses in other areas.

SEVERSON: In other words, good homes are penalized same as bad.

WILKES: You know, the story of corporate greed is what drives this. And the industry, seeing they couldn't win the battle, have gone out and played on the fears of the public and said, "well, you won't have a place to dump your old one, if you don't protect us."

SEVERSON: So, the Florida legislature grapples with a solution, lawyers keep suing, and insurance companies keep threatening. And sons and daughters, like Nelson and Geri Mongiovi, are getting more impatient and more involved.

The Mongiovis.G. MONGIOVI: So, we said, if this is occurring, lets see if it's happening in all nursing homes. And sadly to say, most all of them are that way. If the care was adequate, there wouldn't be lawsuits.

N. MONGIOVI: The bottom line is money -- greed. You're never going to get adequate care for nursing home residents unless you change your way of thinking.

SEVERSON: Earlier this year, Nelson Mongiovi was honored by President Clinton for his crusade helping the aging. And the president promised a 100 million dollars to increase staffing and Medicare payments. That comes to about a 1,000 dollars a month for each nursing home in the country -- about enough for one additional aide in each facility.

But most everyone agrees, it will take far more to treat the nation's aged as they should be treated. I'm Lucky Severson for RELIGION & ETHICS NEWSWEEKLY in Tampa.

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